§ 41. Additional supervisors in certain towns. 1. Resolution of town
board. Any town having a population of more than one-half the total
population of the county in which such town is located, according to the
latest federal or state census or enumeration, shall have one additional
supervisor. No such additional supervisor, however, shall be elected or
appointed in any such town which has but one supervisor at the time this
chapter takes effect, until the town board of such town shall by
resolution adopted by a majority vote determine to provide for the
election of an additional supervisor.

2. Election of supervisors in such town. At a town election held in
November following the adoption of the resolution provided for in the
preceding section, the electors of such town shall elect one additional
supervisor who shall hold office until January first following the next
biennial town election, at which time, and at each biennial town
election thereafter, two supervisors shall be elected under the general
and special laws relating to the election of supervisors applicable to
such town, except that one of such supervisors shall be elected as
presiding supervisor of such town.

3. Powers and duties of presiding supervisor. The presiding supervisor
shall exercise all the powers and be charged with all the duties imposed
upon or required of town supervisors, except as herein otherwise
provided.

4. Powers and duties of additional supervisor. Such additional
supervisor shall be a member of the town board and shall have one vote
therein. Whenever by reason of sickness or absence from the state the
presiding supervisor shall be prevented from attending to the duties of
his office, and whenever a vacancy occurs in the office of presiding
supervisor, the town board may by resolution authorize such additional
supervisor to act as presiding supervisor during such disability,
absence from the state or vacancy, as the case may be, and during such
time said supervisor shall possess all the rights and powers of the
presiding supervisor. No such additional supervisor shall perform any
act as presiding supervisor until he has qualified by the filing of
bonds and otherwise as required by law in the case of the presiding
supervisor. Such additional supervisor shall exercise such other powers
and perform such other duties not inconsistent with law as may from time
to time be authorized or required by the town board.

5. Temporary appointment; vacancies. At the meeting of the town board
immediately following the adoption of a resolution providing for the
election of an additional supervisor, the town board may appoint the
additional supervisor to which such town is entitled who shall be a
resident tax payer of such town and who shall hold office until his
successor is elected at the election first held thereafter as herein
provided. From and after the appointment by the town board of such
additional supervisor and until the election of a presiding supervisor,
the supervisor in office at the time of such appointment of an
additional supervisor shall be the presiding supervisor. Upon the death,
disability or removal of either supervisor of such town, his successor
shall be elected or appointed as provided by law in the case of a town
supervisor.

6. Salary of additional supervisor. Such additional supervisor shall
receive from the town a salary to be fixed by the town board.

7. Powers and duties of supervisors as members of the board of
supervisors. Each supervisor from such town shall be a member of the
board of supervisors of the county in which such town is located and as
a member of such board he shall have powers and duties co-ordinate with
the powers and duties of the supervisors of other towns in the county,
and he shall receive from the county for all services in any official
capacity the same salary and expenses as now or hereafter provided by
law for supervisors of other towns in such county.

If the supervisor from such a town be entitled to more than one vote,
the total number of votes to which such town is entitled, without any
limitation which would apply to a single supervisor of such town and
whether such number of votes be more or less than one-half of the total
number of such votes of such board, shall be divided equally between
such supervisors of such town.